Land, Property and Registration Law
Land, Property and Registration Law tests how rights in immovable property are created, transferred, mortgaged and protected. The West Bank applies Ottoman land legislation, the Jordanian Land Registration Law and Palestinian amendments; Gaza has its own registration regime. Registration is central because unregistered dealings are weak against third parties.
Core rules
- Registered title is the primary proof of ownership; transfer requires a registered instrument and survey.
- Mortgages and long leases must be registered to bind third parties.
- Expropriation requires a public purpose, legal authority and compensation.
- Inheritance transfers shares by operation of law, but registration is needed to deal with the land.
- Waqf property is subject to special rules and cannot be sold freely.
Worked example
A sells land to B by a handwritten contract and hands over the key, but no registration occurs. A then sells and registers the land to C. B may have a contractual claim against A, but as between B and C the registered purchaser generally prevails. B's remedy is damages or, if the law allows, specific performance against A, not automatic ownership against C. The reasoning turns on the registration principle, not possession alone.
Traps
Treating an oral sale as a completed transfer; ignoring survey and registration; assuming possession defeats registered title; missing inheritance shares and waqf restrictions.